12478 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(2). 

5See Securities Exchange Act Release No. 56458 

(September 18, 2007), 72 FR 54309 (September 24, 

2007) (SR–CBOE–2007–107) for a description of the 

Temporary Membership status under Rule 3.19.02. 

6The term ‘‘Clearing Firm Floating Monthly 

Rate’’ refers to the floating monthly rate that a 

clearing firm designates, in connection with 

transferable membership leases that the clearing 

firm assisted in facilitating, for leases that utilize 

that floating monthly rate. 

7See Securities Exchange Act Release No. 57293 

(February 8, 2008), 73 FR 8729 (February 14, 2008) 

(SR–CBOE–2008–12), which established the current 

access fee, for detail regarding the rationale in 

support of the current access fee and the process 

used to set that fee, which is also applicable to this 

proposed rule change as well. 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Machine Technology, 

Inc., Magnum Sports & Entertainment, 

Inc., Management of Environmental 

Solutions & Technology Corp., and 

Mariculture Systems, Inc.; Order of 

Suspension of Trading 

DATE: March 5, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Machine 

Technology, Inc. because it has not filed 

any periodic reports since it filed a 

Form 10–Q for the period ended May 

31, 1994. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Magnum 

Sports & Entertainment, Inc. because it 

has not filed any periodic reports since 

it filed a Form 10–QSB for the period 

ended March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Management of Environmental 

Solutions & Technology Corp. because it 

has not filed any periodic reports since 

it filed a Form 10–QSB for the period 

ended June 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Mariculture 

Systems, Inc. because it has not filed 

any period reports since it filed a Form 

10–QSB for the period ended September 

30, 2002. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EST on March 5, 2008, through 

11:59 p.m. EDT on March 18, 2008. 

By the Commission. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 08–987 Filed 3–05–08; 9:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–57411; File No. SR–CBOE–

2008–25] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to the 

Temporary Membership Status Access 

Fee 

March 3, 2008. 

Pursuant to section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

29, 2008, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the Exchange. CBOE has 

designated this proposal as one 

establishing or changing a due, fee, or 

other charge imposed by the Exchange 

under section 19(b)(3)(A),3 and Rule 

19b–4(f)(2) thereunder,4 which renders 

the proposal effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to adjust the monthly 

access fee for persons granted temporary 

CBOE membership status (‘‘Temporary 

Members’’) pursuant to Interpretation 

and Policy .02 under CBOE Rule 3.19 

(‘‘Rule 3.19.02’’). The text of the 

proposed rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/Legal/), at the Exchange’s 

Office of the Secretary, and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

CBOE included statements concerning 

the purpose of, and basis for, the 

proposed rule change and discussed any 

comments it received on the proposal. 

The text of these statements may be 

examined at the places specified in Item 

IV below. CBOE has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The current access fee for Temporary 

Members under Rule 3.19.02 5 is $7,354 

per month and took effect on February 

1, 2008. The Exchange proposes to 

revise the access fee to be $8,468 per 

month commencing on March 1, 2008. 

The Exchange used the following 

process to set the proposed access fee: 

The Exchange polled each of the 

clearing firms that assists in facilitating 

at least 10% of the transferable CBOE 

membership leases and obtained the 

Clearing Firm Floating Monthly Rate 6

designated by each of these clearing 

firms for the month of March 2008. The 

Exchange then set the proposed access 

fee at an amount equal to the highest of 

these Clearing Firm Floating Monthly 

Rates. 

The Exchange used the same process 

to set the proposed access fee that it 

used to set the current access fee. The 

only difference is that the Exchange 

used Clearing Firm Floating Monthly 

Rate information for the month of March 

2008 to set the proposed access fee 

(instead of Clearing Firm Floating 

Monthly Rate information for the month 

of February 2008 as was used to set the 

current access fee) in order to take into 

account changes in Clearing Firm 

Floating Monthly Rates for the month of 

March 2008. 

The Exchange believes that the 

process used to set the proposed access 

fee and the proposed access fee itself are 

appropriate for the same reasons set 

forth in CBOE rule filing SR–CBOE–

2008–12 in support of that process and 

the current access fee.7

The proposed access fee will remain 

in effect until such time either that the 

Exchange submits a further rule filing 

pursuant to section 19(b)(3)(A)(ii) of the 


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